UPDATE on I800a Processing for Hague Convention Cases

Notification of a change in processing for Hague Convention cases was published in the Federal Register on August 26, 2008. The notice regards a change in filing location for I-800A and I800 applications and other related forms for adoptions from Hague Convention countries.

Beginning September 25, 2008, all listed forms should be filed with the following USCIS Chicago Lockbox facility located in Illinois:

U.S. Citizenship and Immigration Services
P.O. Box 805695,
Chicago, IL 60680-4118.

Please see the link below for further information and a complete listing of forms that should be sent to the Chicago Lockbox location

http://edocket.access.gpo.gov/2008/E8-19723.htm

ALSO, PLEASE NOTE: This change only impacts Hague country adoptions. [Note that forms I-600 and I600A related to countries not party to the Hague will have no change in filing location.]

Here is the summary of the notice as published in the Federal Register:

SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is expanding its Direct Mail Program to include Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, and Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country.

Applicants must submit Forms I-800, I-800A, and all related supplements and forms to the USCIS Chicago Lockbox facility located in Illinois, for initial processing. Applicants were previously required to file at a USCIS field office with jurisdiction over their place of current residence. The Direct Mail Program allows USCIS to process applications more efficiently by eliminating duplicative work, maximizing staff productivity, and introducing better information management tools."

FOR FURTHER INFORMATION CONTACT:

Lissette Kvortek,
HQ Adjudications Officer
Office of Field Operations
U.S. Citizenship and Immigration Services
Department of Homeland Security
20 Massachusetts Avenue NW.
Washington, DC 20529
Telephone (202) 272-1001.

DOS:Update on Tu Du Hospital in Vietnam (2008)

Vietnam

U.S. DEPARTMENT OF STATE
Bureau of Consular Affairs
Office of Children’s Issues

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August 19, 2008

Documentation related to intercountry adoption of children born at Tu Du Hospital in Ho Chi Minh City is unreliable, according to recent field investigations by U.S. officials. Specifically, U.S. officials conducting verification reviews see a pattern of false information in documentation pertaining to the birth mothers of children born at Tu Du Hospital. Field investigations indicate that one particular facility possesses the correct information. U.S. officials have been told that they do not have permission to review hospital records or interview hospital staff regarding any individual case; therefore verifying the orphan status of these children is extremely difficult. U.S. officials have also recently been informed that it is Tu Du Hospital’s policy to document all children as desertion cases regardless of the actual circumstances leading to their being made available for intercountry adoption.

In light of these discoveries, the Department of State and United States Citizenship and Immigration Services (USCIS) recommend that U.S. adoption service providers refer children born at Tu Du Hospital only when the child is a special need child or when all parties can ensure that the information pertaining to the birth parent can be verified, where a birth parent can be identified and/or when a birth parent can be interviewed to confirm that the child qualifies as an orphan in accordance with U.S. law. State and USCIS will continue to process cases already filed for children born at Tu Du Hospital; however, prospective adoptive parents should be aware that the circumstances discussed above have resulted in significant delays in the verification process of their cases. State and USCIS understand the severe impact of these delays, and commit to working expeditiously on these complex cases. To the extent possible, State and USCIS will process cases on a first in, first out basis.

USCIS and the Department of State are committed to seeking an ethical and prioritized resolution to these cases. The U.S. Government continues to reach out to local authorities who oversee the hospital’s actions in order to achieve greater cooperation in conducting field verifications. Prospective adoptive parents may contact USCIS through HCMAdoptions@dhs.gov to address specific questions they may have regarding their case.

http://www.travel.state.gov/family/adoption/intercountry/intercountry_4329.html

Ethics, Transparency, Support
~ What All Adoptions Deserve.
http://www.pear-now.org/

UPDATE: Call to Action Vietnam - USCIS Warning

UPDATE: Call to Action Vietnam

On Friday, April 25, 2008, the US Embassy in Hanoi took the unprecedented step of releasing a detailed "Summary of Irregularities in Adoptions in Vietnam" about the adoption corruption their recent investigations uncovered in Vietnam. The text of this summary can be found at: http://vietnam.usembassy.gov/irreg_adoptions042508.html

This summary followed an earlier warning not initiate adoptions from Vietnam, which can be found at:
http://vietnam.usembassy.gov/adoption_warning0408.html

In it, the Embassy stated: "On April 25, the Government of Vietnam announced that it will allow adoption to be completed in cases where prospective adoptive parents have been matched with a child and received an official referral prior to September 1, 2008". It further stated that in accordance with Vietnamese law, "the DIA will suspend the acceptance of new dossiers on July 1, 2008. On September 1, 2008 any dossier that has not received a referral will be closed and returned to the Adoption Service Provider. In view of the processing time required in Vietnam from placement to the Giving and Receiving Ceremony, an adoption process begun now cannot be completed before the current Agreement expires."

In news articles widely disseminated on the Internet, DIA angrily denied the charges and stated that the MOU (Memo of Understanding) governing adoptions between the US and Vietnam would not be renewed.

Parents for Ethical Adoption Reform (PEAR) sympathizes with all families caught up in this situation: prospective adoptive parents (PAPs), adoptive parents, birth parents, and children. We know that this news is extremely disturbing to parents waiting to adopt, as well as to adoptive parents (APs) of Vietnamese children, who must now wonder if their children's adoptions had been free from corruption. This is a tragedy effectively ending the adoption dreams of many PAPs, while affecting the future of the legitimate orphans awaiting these families. It particularly puts ongoing humanitarian aid from adoption agencies (ASPs)
to these desperately needy orphanages at risk. It is a position no person should ever have been placed in.

We also wish to support the efforts of the US Embassy in Hanoi, particularly the Adoptive Children Immigrant Visa Unit, who have worked tirelessly for many months, and amid mounting criticism from many PAPs angry at delays affecting their paperwork, to uncover the ongoing corruption that has been presented in damning, incontrovertible detail. Given this report, there can be no doubt about the serious flaws in the adoption process in Vietnam. Adoptions from Vietnam can no longer be defended as free from potential corruption, and they need to cease. A great deal of work on the part of both countries must be undergone before there is any talk of entering into a new agreement.

However, given the lack of transparency; the failure of DIA to adhere to several of the most salient points of the MOU; the licensing by DIA of many agencies known to have engaged in corrupt practices before the first shutdown; the anger engendered by the Department of State's investigations in different Vietnamese provinces; and the staunch denial of wrongdoing by these ASPs (and their clients) who knowingly tried to hide their trafficking, PEAR is not surprised that Vietnam adoptions to the US will cease.

As a result, PEAR believes it is time for PAPs who will no longer be able to adopt from Vietnam, as well as APs who now may have reason to doubt the legitimacy of their child's adoption, to unite. By uniting, we can better demand reform from agencies that have behaved with little government oversight and regulation for far too long.

We suggest the following course of action:

A. For PAPs:
1. Contact your ASP immediately to ask how to proceed with your case.
2. Contact PEAR with any concerns or questions you may have about the proposed procedures from your agency.
3. Contact the US Department of State and or the US Embassy in Hanoi with any suspected illegal or unethical behavior on the part of any ASP.
4. Demand that the DOS dislcose and take legal action against the ASPs that have committed outright illegal and unethical acts in Vietnam.
5. Keep meticulous records of contacts and information provided by your agency. You may have grounds for legal action against the ASP - be prepared with good records.
6. Do not be afraid to speak out. Do not be afraid to demand answers.
7. Consider joining us at PEAR and assisting in our work.
8. Consider donating to legitimate humanitarian aid programs supporting Vietnamese orphanages.

B. For APs who suspect that their completed adoption
may have been unethical and/or illegal:
1. Prepare to take legal action. Review your paperwork, contact your agency, the DOS and the Embassy and request information and assistance in verifying your child's identity and paperwork. Keep meticulous records of contacts and information provided by your agency.
2. Consider an investigation into the adoption through the use of a searcher. PEAR is currently compiling a list of expereinced searchers in Vietnam.
3. Report your concerns and suspicions to PEAR, DOS and the US Embassy in Hanoi. PEAR will be compiling lists of clients according to ASP and province in order to provide families with connections and resources.
4. Consult an attorney who specializes in adoption fraud. PEAR is currently compiling a list of experienced attorneys who may be willing to assist you.
5. Demand that DOS disclose and take legal action against ASPs found to be participating outright in illegal practices.
6. Do not be afraid to speak out. Do not be afraid to demand answers.
7. Consider joining us at PEAR and assisting in our work.
8. Consider donating to legitimate humanitiarian aid programs supporting Vietnamese orphanages.

C. For ASPs working in Vietnam
1. We ask that all ASPs suspend submitting new dossiers at this time, unless they have been assured by the Department of State and DIA that there will be official referrals prior to July 1.
2. We also ask that agencies contact us with their plans and their projected needs for assisting their clients who do not have referrals by July 1.
3. We are calling on all Vietnam ASPs with support of the JCICS to act in a manner that respects the emotional and financial hardship PAPs will be experiencing, and to work in a cooperative manner to find solutions for all families effected by the
pending closure. To assist in this we suggest:
- An effort from all 42 ASPs working in Vietnam to transfer Vietnam dossiers to other country programs within the agency
with minimal financial hardship to families.
- A cooperative effort by the 42 ASPs, with the support of JCICS, in the creation of an inter-agency transfer of dossiers to
other open programs for a minor fee if the original agency does not have other viable options, such as working in
countries other than Vietnam.
4. We ask all APSs currently working in Vietnam to continue with their humanitarian efforts in the provinces and orphanages
with which they work. PEAR will assist in getting the word out to the public concerning legitimate humanitarian aid programs in Vietnam orphanages.

D. For everyone concerned with providing ethical
adoptions in all countries:
1. Write to the DOS and the US Embassy in Hanoi and request the disclosure of ASPs engaged in corrupt activities. While the US Embassy in Hanoi may not be permitted to name the ASPs described in their "Summary of Irregularities"�, we hope they will name the provinces investigated, which will make it easier to identify these ASPs, and for their clients to consider how to respond. The culture of secrecy has permeated the entire international adoption industry, but without naming suspect ASPs, no action can be taken against them.
2. Consider joining us at PEAR and assisting in our work.

Contacts:
US Department of State:
Gerry W. Fuller,
Intercountry Adoptions
202-663-2928
FullerGW@state.gov

US Embassy, Hanoi:
U.S. Embassy Hanoi
Rose Garden Tower
170 Ngoc Khanh St.
Tel: (84-4) 850-5100
Fax: (84-4) 850-5145/850-5026
Email: hanoiadoptions@state.gov

PEAR:
Parents for Ethical Adoption Reform
526 N. President Ave.
Lancaster, PA 17603
reform@pear-now.org

To join PEAR, please visit our website,
www.pear-now.org, and download a member application form. Membership is $20 annually. Completed
applications and payment should be sent to:

Parents for Ethical Adoption Reform
1455 Stoney Creek Drive
Charlottesville, VA 22902

UPDATE: Call to Action Vietnam - USCIS Warning

The US Embassy in Hanoi has issued the following warning for adoption from Vietnam:

ADOPTED CHILDREN IMMIGRANT VISA UNIT

Warning Concerning Adoptions in Vietnam

April 2008
The Department of State continues to urge prospective adoptive parents and adoption service providers not to initiate new adoptions from Vietnam at this time. The 2005 Memorandum of Agreement, required by Vietnamese law to authorize adoptions between the United States and Vietnam, expires on September 1, 2008. In addition, recent field investigations have revealed incidents of serious adoption irregularities, including forged or altered documentation, mothers paid, coerced or tricked into releasing their children, and children offered for adoption without the knowledge or consent of their birth parents.
The United States is strongly committed to processing legitimate intercountry adoptions from Vietnam if possible. Our primary concern is to ensure that the children and families involved in the adoption process are protected from exploitation. The Government of Vietnam shares this concern. Both countries acknowledge that more needs to be done to address deficiencies in the current system.
On April 25, the Government of Vietnam announced that it will allow adoption to be completed in cases where prospective adoptive parents have been matched with a child and received an official referral prior to September 1, 2008. It further stated that in accordance with Vietnamese law, the DIA will suspend the acceptance of new dossiers on July 1, 2008. On September 1, 2008 any dossier that has not received a referral will be closed and returned to the Adoption Service Provider. In view of the processing time required in Vietnam from placement to the Giving and Receiving Ceremony, an adoption process begun now cannot be completed before the current Agreement expires.
Prospective adoptive parents should be aware that documents relating to adoptions in Vietnam, such as birth certificates, abandonment reports, relinquishment agreements, and investigative reports are generally issued by orphanage directors, local People’s Committees, Provincial Departments and the Department for International Adoptions (DIA). The facts asserted in these documents are not verified by the issuing officials. Attempts by U.S. officials to verify the accuracy of these documents have routinely uncovered evidence of fraudulent or inaccurate information. Therefore, documents issued by the authorities listed above, and any other documents containing information not verified by the issuing authority, cannot be considered adequate evidence of the facts claimed. They may be used in conjunction with primary and contemporaneous secondary evidence, or must be independently verified by U.S. officials in Vietnam, before they can be considered valid for immigration purposes. (http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3705.html)
Consular officers have routinely completed field verifications of orphan status in over 35 provinces in Vietnam. However, in some cases, Vietnamese officials have prevented the U.S. Government from conducting independent field inquiries into the status of children identified in I-600 petitions. Embassy outreach, as well as support from adoption agency officials, have thus far allowed independent investigations to resume in some areas that were previously impeded. We continue robust efforts to resolve this issue. Unfortunately, it is impossible to predict when we can complete the field inquiries in areas which are still closed to our staff.
The U.S. Citizenship and Immigration Service and the Department of State have instituted procedures to verify that children identified for placement meet the requirements of Vietnamese and U.S. law, before the child has been adopted under Vietnamese law. Information about these procedures is available from USCIS or through their website http://www.uscis.gov/portal/site/uscis. The Embassy strongly advises prospective adoptive parents not to travel to Vietnam until they have received notification from the Embassy that their case is ready for final processing and travel is appropriate. Parents should contact the Embassy immediately if anyone, including their adoption service provider, encourages them to travel to Vietnam prior to receiving this notification. The Embassy can work together with adoption service providers, Vietnam’s Department of International Adoptions, and local authorities to resolve issues such as the scheduling of a Giving and Receiving Ceremony.


Source: http://vietnam.usembassy.gov/adoption_warning0408.html

Government Resources for Hague Information

The US Department of State has put together a lot of information for families, and the general public, on the Hague Convention and Adoption. If you have questions and concerns about the implementation of the Hague, please see:

Hague Convention on Intercountry Adoption. Of special interest for families is the pdf download entitled: Information for Parents http://travel.state.gov/family/adoption/convention/convention_462.html

and,
Intercountry Adoption News which contains updates and breaking news as well as the list of Hague accredited agencies and individuals in the US. http://travel.state.gov/family/adoption/intercountry/intercountry_482.html


The USCIS has also put together information,entitled Questions and Answers: Intercountry Adoption Instructions
Post-Hague Adoption Convention Implementation , which can be found at:

http://www.uscis.gov/pressroom

The Department of State is also currently updating the Country Specific Information pages, http://travel.state.gov/family/adoption/country/country_369.html, to reflect changes for each country post implementation.